By Austin Sarat
Fresh revelations approximately America's nationwide defense enterprise supply a stark reminder of the demanding situations posed by way of the increase of the electronic age for American legislation. those demanding situations refigure the that means of autonomy and the which means of the note "social" in an age of recent modalities of surveillance and social interplay, in addition to new reproductive applied sciences and the biotechnology revolution. each one of those advancements turns out to portend an international with out privateness, or not less than a global during which the which means of privateness is appreciably reworked, either as a criminal notion and a lived truth. every one calls for us to reconsider the function that legislation can and may play in responding to trendy threats to privateness. Can the legislations stay alongside of rising threats to privateness? Can it offer powerful safety opposed to new different types of surveillance? This e-book bargains a few solutions to those questions. It considers a number of diverse understandings of privateness and offers examples of felony responses to the threats to privateness linked to new modalities of surveillance, the increase of electronic know-how, the excesses of the Bush and Obama administrations, and the ongoing warfare on terror.
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Additional info for A World without Privacy: What Law Can and Should Do?
This was followed by a great deal of soul searching, a sense of crisis, and then the gradual accommodation of the new practices through a combination of regulation, acceptance, and the passage of time. Privacy was threatened, and the threat was tamed, though each time norms shifted and the resulting society was less “private” than before, at least by the standards of the old social norms. This brings us to the present day, in which we understand that another series of threats to privacy signals another Death of Privacy.
Let’s take a step back from the Internet of Things and digital privacy Armageddon for a moment. Certainly, many of the kinds of things we call “privacy” aren’t currently threatened by new digital technologies and are very much alive. At a general level, we still put locks on our houses, we still wear clothes, and we still use doors to keep the general public out of our bathroom and bedroom. We require the government to get a warrant before it enters our home and (NSA revelations notwithstanding) wiretaps our phone, and reads our mail (whether electronic or paper).
I’d like to suggest that our ongoing worries about the Death of Privacy (privacy’s century-old melodramatic death throes) are really an ongoing social and legal conversation about how to manage some of the costs caused by changes in information technologies. If we think about privacy as the scope of information we can keep completely secret or unknown, then that kind of privacy is certainly diminishing. We are living through an information revolution, and the collection, use, and analysis of many kinds of personal data are inevitable.
A World without Privacy: What Law Can and Should Do? by Austin Sarat